South Dakota Codified Laws 49-47-4. Complaint of failure to comply with chapter–Decision by commission
A dairy producer or utility may file a complaint with the commission claiming that there has been a failure to comply with this chapter. The commission has exclusive, initial jurisdiction to determine:
(1) Whether the dairy producer has provided the requisite notice to the electric utility;
Terms Used In South Dakota Codified Laws 49-47-4
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(2) Whether the dairy producer has cooperated with the electric utility to allow the utility to complete measuring and testing;
(3) Whether a utility has complied with the commission rules regarding measurement of stray current or voltage;
(4) Whether the utility’s measurements demonstrated stray current or voltage at or above the preventive action level;
(5) Whether the utility has properly identified that portion of the stray current or voltage at cow contact points attributable to the utility’s distribution system; and
(6) Whether the utility has complied with its remediation obligation under this chapter.
After opportunity for hearing, the commission shall issue a decision finding whether this chapter has been complied with or not. If one or more provisions of this chapter have not been complied with, the commission shall order compliance within a period of time prescribed by the commission. The commission shall assess its costs associated with the complaint equally between the dairy producer and the utility.
Source: SL 2015, ch 237, § 4.